Constitutional Convergence in East Asia

Name: Constitutional Convergence in East Asia
Brand: Cambridge University Press
SKU: 9781108831178
Price: 1311.44 HKD
Availability: InStock
Author: Po Jen Yap; Chien-Chih Lin
ISBN: 9781108831178

Edited by Po Jen Yap · Chien-Chih Lin

Cambridge University Press November 2021

Specifications

ISBN-13: 9781108831178
Publisher: Cambridge University Press
Publication: November 2021
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

This comparative study of the constitutional jurisprudence of three East Asian jurisdictions investigates how the rulings of the Constitutional Court of Taiwan, the Constitutional Court of Korea and the Hong Kong Court of Final Appeal have converged. The unique political contexts of all three jurisdictions have led to strong courts using the structured proportionality doctrine and innovative constitutional remedies to address human rights issues. Hong Kong, Taiwan, and South Korea have the only courts in Asia that regularly use a structured four-stage Proportionality Analysis to invalidate laws, and routinely apply innovative constitutional remedies such as Suspension Orders and Remedial Interpretation to rectify constitutionally flawed legislation. This volume explores how judges in these areas are affected by politics within their different constitutional systems. The latest developments in Asian constitutional law are covered, with detailed analysis of key cases.

1. Introduction

2. Reasons for convergence

3. Convergence on structured proportionality

4. Convergence on innovative constitutional remedies

5. Limits on convergence

6. Conclusion

Bibliography

Index

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